You believe that your marriage is irretrievably broken and the only option is divorce. However, your spouse disagrees and refuses to sign the divorce papers.
Does that mean you’re stuck in an unhappy marriage?
Moving forward without mutual consent
New York State recognizes no-fault divorces, meaning that it’s not necessary to prove one spouse was at fault for the marriage’s breakdown. Citing “irretrievable breakdown of the marriage” as the reason for the divorce is the most common path New Yorkers take. Still, New York recognizes the traditional fault-based grounds for divorce, such as:
- Adultery
- Cruel treatment
- Abandonment for at least one year
- Three consecutive years of a spouse’s imprisonment
- Living separately and apart for at least one year as part of a separation agreement
A fault-based divorce is typically more time-consuming, as the spouse requesting the divorce must provide evidence of the misconduct.
After you file for divorce, you’ll serve your spouse with a summons, which officially notifies them of your intent to divorce. Your spouse then has three options:
- They can agree to the divorce.
- They can do nothing within the specified time frame, after which you can file for a default divorce.
- They can raise objections to the divorce itself, disagree about the reason for the divorce or challenge any of the terms regarding the children, finances or division of assets.
If they choose the third option, your divorce will then become contested, at which point the court will step in. The process will involve court hearings, discovery and possibly a trial to address unresolved issues. During this time, it’s crucial to be patient. A contested divorce takes longer to resolve. Ultimately, the court holds the authority to grant your divorce, even if your spouse refuses to cooperate.
A contested divorce can quickly become complicated. If you believe that your spouse is unwilling to sign divorce papers, then you will want to speak with a legal professional before you even begin the process. They can plead with the court on your behalf and guide you through the necessary steps to end your marriage and start the next chapter of your life.
